SUDARASAN Vs. SUMATHI

JUDGEMENT

(1.) Does the decision in Shahada Khatoon v. Amjad AW fetter the powers of the Magistrate/Family Court to sentence a defaulter to one month's im- prisonment for the default in payment of each month's maintenance? Is there a cap of one month on the total period of imprisonment which can be imposed when complaint is raised in one Execu- tion Petition about default in respect of more than one month? These are the questions of interest that arise for con- sideration in this revision petition.

(2.) A look at the statutory provi- sions first under S. 125 Cr.P.C a father/ husband/child having sufficient means, who refuses or neglects to maintain his child/wife/parent unable to maintain himself or herself, can be visited with an order directing payment of mainte- nance for each month. If he commits de- fault in making such payment such or- der passed by the criminal court can be enforced under S. 125(3) Cr.P.C. by a sen- tence of imprisonment, I extract below S. 125(3) CPC. S. 125. Order for maintenance of wives, children and parents: XX XX XX (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for ev- ery breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's lallowancefor the main- tenance or the interim mainte- nance and expenses of proceed- ing, as the case may be,] remain- ing unpaid after the execution of the warrant to imprisonment for a term which may extend to ona, month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: (emphasis supplied)

(3.) A plain reading of the above statutory provision makes it clear that for the breach of the obligation to pay whole or any part of each month's main- tenance, such defaulter can be sentenced to imprisonment for one month. Of course, he shall be released if payment is sooner made. Such application for ex- ecution of the order directing payment of maintenance has to be made within one year.